Mohd.Kaushar S/O Mohd.Sharif v. The Municipal Corporation Of Gr.Mumbai And 4 ORS

19-wp1433-23.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION VASANT ANANDRAO IDHOL Date: 2023.08.10 12:55:54 +0530 VASANT ANANDRAO IDHOL WRIT PETITION NO.1433 OF 2023 Mohd.Kaushar Mohd. Sharif

...Petitioner

V/s.

The Municipal Corporation of Gr. Mumbai & Ors.

...Respondents

Mr.Piyush Singh with Mr.Krishnakant Singh for the Petitioner. Mr.Kunal Waghmare for the Respondent - BMC.

CORAM : SUNIL B. SHUKRE & RAJESH S. PATIL, JJ.

DATE : 9TH AUGUST, 2023.

P.C. :- 1.

Respondent Nos.3, 4 and 5 are admittedly the co-owners of the Petitioner and yet the Petitioner is complaining that one of the co-owners has constructed some service station, without seeking any development permission. It seems that there is inter-se dispute between the co-owners and the said dispute can be resolved only through the civil suit filed before the Competent Authority. In fact, as informed by the learned counsel for the Petitioner, a civil suit has already been filed, in which Respondent Nos.3 to 5 have given an undertaking that they would not make any unauthorized construction. 1/2

19-wp1433-23.doc 2.

In these circumstances, the remedy of the Petitioner lies elsewhere and the Petition being not maintainable is dismissed. (RAJESH S. PATIL, J.) (SUNIL B. SHUKRE, J.) 2/2